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The Fish River Chain of Lakes Concept Plan Volume 2 – the Concept Plan

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The Fish River Chain of Lakes Concept Plan Volume 2 – the Concept Plan The Fish River Chain of Lakes Concept Plan Volume 2 – The Concept Plan December 2014 Fish River Chain of Lakes Concept Plan Table of Contents Volume 2 THE CONCEPT PLAN 1. Concept Plan Description - Introduction and Purpose - Petitioners - Concept Plan Area - Effective Date, Duration, Expiration, and Amendment - Elements of the Plan - Development Review Process After Plan Approval - Statistical Summary - Concept Plan Maps (See Volume 3) 2. Addendum To LUPC’s Land Use Districts And Standards (Chapter 10) A. Applicability and Organization, Explanatory Table B. Subchapter I - General Provisions, including definitions C. Subchapter II - Land Use Zones D. Subchapter III - Land Use Standards E. Subchapter IV - Supplemental Review Processes and Requirements - 10.28 - Limitations on numbers of units, any unit sequencing or unit swapping - 10.29 - Limitations and/or standards regarding shoreland structures and water access - 10.30 - Home Owners Association - 10.31 - Sustainable Forestry Principles 3. Implementation Appendices A. Draft Conservation Easement B. DWA Cooperative Agreement {W4590250.1} The Concept Plan {W4598694.1} CONCEPT PLAN DESCRIPTION A. INTRODUCTION AND PURPOSE 1. Concept Planning The Land Use Planning Commission (LUPC or Commission) established concept planning in 1990 as part of its Comprehensive Land Use Plan (CLUP). The criteria for approval of concept plans are outlined in the Resource Plan Protection Subdistrict (P-RP) of the Commission’s Land Use Districts and Standards (Chapter 10). Concept plans are a flexible alternative to traditional shoreland regulation and were established to encourage long-range land use planning based on resource characteristics and site suitability, and to prevent haphazard, incremental development. The planning process necessary to prepare a concept plan encourages landowners to chart the future of their ownership in a manner that is both thoughtful and forward-looking. Through concept planning both the public and the landowner receive benefits that may not otherwise be available through the Commission’s traditional regulatory process. The public benefits from (i) improved planning that results from a comprehensive evaluation of recreational and natural resources, thereby avoiding haphazard, incremental development patterns, (ii) provisions for the long-term protection of resources, (iii) greater understanding of future development patterns, and (iv) increased predictability of the development review process. The landowner benefits from (i) developing greater insight into its land holdings by preparing the plan, (ii) receiving expanded flexibility in the applicable development standards, (iii) greater certainty when making long-range land management decisions, and (iv) increased predictability regarding future Commission actions about the type and location of possible development. 2. The Fish River Lakes Concept Plan This concept plan (Concept Plan or Plan) seeks to rezone approximately 51,015 acres of land around 4 of the lakes that comprise the Fish River chain of lakes to create a new Resource Protection Subdistrict (P- FRL-RP). The Concept Plan area (Plan Area) lies within 6 unorganized townships and includes over 400 existing camp lots. The primary purposes of the Plan are to: • Provide a significant public benefit by protecting the conservation values of the Plan Area, assuring that development in the Plan Area is appropriate, and maintaining opportunities for the public to access the Plan Area’s recreational resources. • Protect the forest values; aquatic resources and wetland values; wildlife, plant and natural community values; and scenic values that contribute to the unique character of the Plan Area, through both long-term restrictive land use regulation and permanent conservation. {W4572088.3}{W4572088.3} Irving – Fish River Chain of Lakes Concept Plan December 2014 Volume 2 – The Concept Plan Page 1 Concept Plan Description • Encourage long-range decision-making about land holdings using a holistic approach that embraces and accounts for sound development planning, outcome based forest management practices, public use, and conservation, and avoids the adverse impacts of haphazard, incremental development encouraged by current zoning. • Ensure the sustainability of the working forest economy by protecting large areas of mostly unfragmented, diverse, and substantially natural forestland through sustainable forest management practices. • Provide economic growth opportunities to existing communities in the region through appropriate zoning allowances. • Maintain the traditional uses that are intrinsic to the economy and character of the region by ensuring public access to most of the Plan Area for recreational activities, such as hunting and fishing. Taken as a whole, the Plan strikes a publicly beneficial balance by protecting the Plan Area’s important natural resources while maintaining the working forest and providing zoning to allow for appropriate development. For example, of the Plan Area’s approximately 51,015 acres, only about 3% will be available for residential development. The Plan also enhances recreational, economic, and residential opportunities for residents, recreational users, and tourists. The Plan addresses the size, location, and type of any future development and takes into account abutting land uses, sensitive natural resources, and community needs. The Plan also provides for approximately 14,600 acres being subject to a permanent conservation easement (Conservation Easement) helping to protect the conservation values set out therein. 3. Future Development Projects The Concept Plan has been established as a rezoning tool to help protect the resource characteristics of the Plan Area and to prevent haphazard, incremental development. The Plan does not propose any specific development projects. Before any proposed development could proceed in the development zones established by this Concept Plan, the applications normally required for development, such as for subdivision, building, or site plan review, will need to be submitted and the necessary approvals obtained. B. PETITIONERS The petitioners are Aroostook Timberlands LP, Allagash Timberlands LLC, and Maine Woodlands Realty Company, the owners of the Plan Area (collectively referred to as Irving, which term shall include its successors and assigns). C. CONCEPT PLAN AREA The Plan Area encompasses approximately 51,015 acres of land in the Unorganized Territory (UT) in northern Aroostook County and is specifically identified as those lands within the boundaries of the P-RP Subdistrict, as adopted on the Official Land Use Guidance Maps attached hereto as Volume 3. {W4572088.3} {W4572088.3} Irving – Fish River Chain of Lakes Concept Plan December 2014 Volume 2 – The Concept Plan Page 2 Concept Plan Description The Plan Area includes land within 6 unorganized townships: T17 R3, T17 R4, T17 R5 (Cross Lake Township), T16 R4 (Madawaska Lake Township), T16 R5, and T15 R5. The closest organized towns are to the north of the Plan Area: St. Agatha, Madawaska, and Frenchville. Grand Isle and Van Buren are to the east of the Plan Area; New Sweden and Westmanland are to the south of the Plan Area; and Eagle Lake and New Canada are to the west of the Plan Area. The Plan Area includes substantial frontage on Long Lake, Mud Lake, Cross Lake, and Square Lake, as well as frontage along the thoroughfares that connect the lakes. The Plan Area also encompasses three smaller bodies of water: Carry Pond, Dickey Pond, and Little California Pond, as well as several named and unnamed streams. The Plan Area is traversed by two State roads (Route 161 and Route 162) and a network of forest management roads. D. EFFECTIVE DATE, DURATION, EXPIRATION, AND AMENDMENT 1. Effective Date, Duration, and Expiration The terms, conditions, and provisions of this Plan shall apply for 30 years (Initial Term) from the Effective Date, as this term is defined in the Chapter 10 Addendum, § 10.02,52A (see Tab 2(B)), except for the Conservation Easement, which shall exist in perpetuity. At the end of the Initial Term and following public notice and opportunity to comment, and with consent from Irving, the Commission may extend the Concept Plan without modification, or extend and modify the Concept Plan. Absent such extension, the Concept Plan automatically terminates upon expiration of the Initial Term. At the expiration of the Concept Plan, the Commission shall designate new zoning for the Plan Area in accordance with statute, the CLUP, and the Commission’s Land Use Districts and Standards, as may be in effect at that time. 2. Amendments Upon mutual agreement of Irving and the Commission, this Plan may be amended at any time and from time to time. Proposed amendments shall be made in writing and shall be subject to Commission review and approval in accordance with the Commission’s Concept Plan provisions in its CLUP and Land Use Districts and Standards. Amendments to this Plan shall, upon adoption, be promptly filed in the Aroostook County Registry of Deeds. Notice to abutters and the general public is required if amendments are proposed that would change the extent of development or reduce the extent and placement of conservation measures. E. ELEMENTS OF THE PLAN 1. Development Zones This Concept Plan will establish four types of development zones (Development Zones): Commercial Industrial Development (D-FRL-CI), General Development (D-FRL-GN), Residential Development (D-FRL- RS), and Residential/Recreational Lodging Development (D-FRL-RT). Each
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